November 29, 2012, Introduced by Senators MEEKHOF, HILDENBRAND, MOOLENAAR and JANSEN and referred to the Committee on Reforms, Restructuring and Reinventing.
A bill to amend 1965 PA 166, entitled
"An act to require prevailing wages and fringe benefits on state
projects; to establish the requirements and responsibilities of
contracting agents and bidders; and to prescribe penalties,"
by amending the title and section 2 (MCL 408.552).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to require prevailing wages and fringe benefits on
state projects; to prohibit prevailing wage requirements under
certain circumstances; to establish the requirements and
responsibilities of contracting agents and bidders; and to
prescribe penalties.
Sec.
2. Every Except as
provided in this section, every
contract executed between a contracting agent and a successful
bidder as contractor and entered into pursuant to advertisement and
invitation
to bid for a state project which that requires or
involves the employment of construction mechanics, other than those
subject to the jurisdiction of the state civil service commission,
and
which that is sponsored or financed in whole or in part by the
state shall contain an express term that the rates of wages and
fringe benefits to be paid to each class of mechanics by the bidder
and all of his subcontractors, shall be not less than the wage and
fringe benefit rates prevailing in the locality in which the work
is
to be performed. Contracts on state projects which that contain
provisions requiring the payment of prevailing wages as determined
by the United States secretary of labor pursuant to the federal
Davis-Bacon
act, (United States code, title 40, section 276a et
seq)
reenacted by Public Law
107-217, and certified at 40 USC 3141
to
3144, 3146, and 3147, or which that contain
minimum wage
schedules
which that are the same as prevailing wages in the
locality as determined by collective bargaining agreements or
understandings between bona fide organizations of construction
mechanics and their employers are exempt from the provisions of
this act.
(2) A contract of an educational institution is exempt from
the prevailing wage requirements of this act. Except as otherwise
required to comply with state or federal law or as a condition of
receipt of federal funds, an educational institution shall not
adopt a prevailing wage or benefit policy or requirement in
relation to a contract for a state project under the control of the
educational institution that requires compensation of employees
under the contract at particular minimum rates of pay or requires
particular kinds or levels of fringe benefits. This subsection does
not prohibit an educational institution from contracting with a
contractor who voluntarily or by contract with another party pays a
prevailing wage or provides particular fringe benefits. This
subsection does not apply to a contract in effect on the effective
date of the amendatory act that added this subsection.
(3) As used in this section, "educational institution"
includes all of the following:
(a) A school district, an intermediate school district, or a
public school academy as those terms are defined in section of the
revised school code, 1976 PA 451, MCL 380.4 to 380.6.
(b) A community college established under the community
college act of 1966, 1966 PA 331, MCL 389.1 to 389.195, or under
part 25 of the revised school code, 1976 PA 451, MCL 380.1601 to
380.1607.
(c) A public university of this state.